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05-19-1981 Memorandum To The Conference, Lewis F. Powell

Beltran v. Myers, 451 U.S. 625 (1981)

No. 79-2034, Blum v. Caldwell, was held for our decision in Beltran v. Myers. It involves the validity of a similar New York rule governing transfers of assets by "medically needy" recipients of Medicaid in that State. The rule bars applicants who have made such transfers for the purposing of obtaining eligibility, and creates a presumption that transfers made in the preceding 18 months were for this purpose.

05-18-1981 Justice Stewart, Dissenting, Potter Stewart

Flynt v. Ohio, 451 U.S. 619 (1981)

JUSTICE STEWART, with whom JUSTICE BRENNAN and JUSTICE MARSHALL join, dissenting.

05-18-1981 Justice White, Per Curiam, Byron R. White

Flynt v. Ohio, 451 U.S. 619 (1981)

On July 14, 1976, criminal complaints were issued against petitioners charging them with disseminating obscenity in violation of Ohio Rev. Code Ann. 2907.32. The Municipal Court granted petitioners' motions to dismiss the complaints on the ground that petitioners had been subjected to selective and discriminatory prosecution in violation of the Equal Protection Clause of the Fourteenth Amendment. The Courts of Appeals of Ohio reversed, finding the evidence insufficient to support petitioners' allegations of selective and discriminatory persecution. The case was remanded for trial. The Ohio Supreme Court affirmed. We granted certiorari. -U.S.- (1980). Because the decision of the Ohio Supreme …

05-18-1981 Justice Stevens, Dissenting, John Paul Stevens

Flynt v. Ohio, 451 U.S. 619 (1981)

JUSTICE STEVENS, dissenting.

05-18-1981 Per Curiam, Lewis F. Powell

Beltran v. Myers, 451 U.S. 625 (1981)

We granted a writ of certiorari to review a decision of the United States Court of Appeals for the Ninth Circuit , holding that California's "transfer-of-assets" statute applicable to "medically needy" recipients of Medicaid benefits does not conflict with governing federal law . Dawson v. Myers, 622 F. 2d 1304 (CA9 1980). Petitioner is an individual considered "medically needy" under California's Medicaid plan, who represents the class of all such persons who have been denied Medicaid benefits because of previous transfers of assets for less than full consideration.

05-18-1981 Justice Stevens, Concurring, John Paul Stevens

Beltran v. Myers, 451 U.S. 625 (1981)

JUSTICE STEVENS, with whom JUSTICE BRENNAN, .JUSTICE WHITE, and JUSTICE MARSHALL join, concurring in the judgment.

05-13-1981 Correspondence From Rehnquist To Powell, William H. Rehnquist

Beltran v. Myers, 451 U.S. 625 (1981)

Dear Lewis:

When you first circulated your proposed disposition of this case, I wrote you that I would have preferred to see the case disposed of as discussed at the Conference, but probably would not dissent if your opinion carried the day. Since then John has circulated a concurring opinion reaching the merits which I find less acceptable than your proposed disposition. I therefore join your proposed opinion.

05-13-1981 Correspondence From Stewart To Powell, Potter Stewart

Beltran v. Myers, 451 U.S. 625 (1981)

Dear Lewis,

I am glad to join your opinion for the Court.

05-13-1981 Correspondence From Burger To Powell, Warren E. Burger

Beltran v. Myers, 451 U.S. 625 (1981)

Dear Lewis:

I join.

05-06-1981 Justice Stevens, Concurring, John Paul Stevens

Beltran v. Myers, 451 U.S. 625 (1981)

JUSTICE Stevens, with whom JUSTICE BRENNAN, JUSTICE WHITE, and JUSTICE MARSHALL join, concurring in judgement.

05-05-1981 Correspondence From White To Stevens, Byron R. White

Beltran v. Myers, 451 U.S. 625 (1981)

Dear John,

Please add my name to your concurring opinion in this case.

05-05-1981 Correspondence From Marshall To Stevens, Thurgood Marshall

Beltran v. Myers, 451 U.S. 625 (1981)

Dear John:

Please add me to your opinion.

01-04-1981 Correspondence From Brennan To Stevens, William J. Brennan

Beltran v. Myers, 451 U.S. 625 (1981)

Dear John:

Please join me.

05-04-1981 Justice Powell, Per Curiam, Lewis F. Powell

Beltran v. Myers, 451 U.S. 625 (1981)

We granted a writ of certiorari to review a decision of the United States Court of Appeals for the Ninth Circuit , holding that California's "transfer-of-assets" statute applicable to "medically needy" recipients of Medicaid benefits does not conflict with governing federal law . Dawson v. Myers, 622 F. 2d 1304 (CA9 1980). Petitioner is an individual considered "medically needy" under California's Medicaid plan, who represents the class of all such persons who have been denied Medicaid benefits because of previous transfers of assets for less than full consideration.

05-02-1981 Correspondence From Powell To Rehnquist, Lewis F. Powell

Beltran v. Myers, 451 U.S. 625 (1981)

Dear Bill:

I agree that we could DIG this case, and if this is the wish of five other Justices I will be happy to circulate a draft to this effect.

05-01-1981 Correspondence From Stewart To Powell, Potter Stewart

Beltran v. Myers, 451 U.S. 625 (1981)

Dear Lewis, It seems to me that Bill Rehnquist's explanation of his continuing preference for a "dismiss as improvidently granted" has considerable merit. I do not, however, feel strongly about the matter.

05-01-1981 Correspondence From Blackmun To Powell, Harry A. Blackmun

Beltran v. Myers, 451 U.S. 625 (1981)

Dear Lewis:

I go along.

05-01-1981 Correspondence From Rehnquist To Powell, William H. Rehnquist

Beltran v. Myers, 451 U.S. 625 (1981)

Dear Lewis:

While I do not feel strongly about the matter, it seems to me that a "dismiss as improvidently granted" would still be the preferable treatment in this case . In view of the Boren-Long Amendment, the case has no future significance when that Amendment comes into effect, and therefore we would simply be allowing a selected group of people to argue to the Court of Appeals that one view rather than another as to the "transfer of assets" provision should apply to them . I probably would not dissent from your Per Curiam circulated April 30th if it …

04-30-1981 Justice Powell, Per Curiam, Lewis F. Powell

Beltran v. Myers, 451 U.S. 625 (1981)

We granted a writ of certiorari to review a decision of the United States Court of Appeals for the Ninth Circuit , holding that California's "transfer-of-assets" statute applicable to "medically needy" recipients of Medicaid benefits does not conflict with governing federal law . Dawson v. Myers, 622 F.2d 1304 (CA9 1980). Petitioner is an individual considered "medically needy" under California's Medicaid plan, who represents the class of all such persons who have been denied Medicaid benefits because of previous transfers of assets for less than full consideration.

04-30-1981 Memorandum To The Conference, Lewis F. Powell

Beltran v. Myers, 451 U.S. 625 (1981)

The Chief requested me to draft a Per Curiam opinion that would DIG this case.

04-15-1981 Justice Correspondence, Unknown

Flynt v. Ohio, 451 U.S. 619 (1981)

Justice White's opinion reaches the proper result in this case. It might have been better to discuss Abney v. United States, which holds that rejections of double jeopardy claims are immediately appealable in federal cases because the Clause
protects against being subjected to a trial. Abney relied in part on Harris v. Washington, 404 U.S. 55 (1971), which held that state court rejections of double jeopardy claims are "final'' within the meaning of 28 u.s.c. §1257. I think the opinion is O.K. as it is, however. It is possible that a dissent, if there is one, will rely upon Abney, …

04-15-1981 Justice White, Per Curiam, Byron R. White

Flynt v. Ohio, 451 U.S. 619 (1981)

On July 14. 1976, criminal complaints were issued against petitioners charging them with disseminating obscenity in violation of Ohio Rev. Code Ann. 2907.32. The Municipal Court granted petitioners' motions to dismiss the complaints on the ground that petitioners had been subjected to selective and discriminatory prosecution in violation of the Equal Protection Clause of the Fourteenth Amendment. The Court of Appeals of Ohio reversed, finding the evidence insufficient to support petitioners' allegations of selective and discriminatory prosecution. The case was remanded for trial. The Ohio Supreme Court affirmed. We granted certiorari. -U.S.- (1980). Because the decision of the Ohio Supreme …

04-15-1981 Correspondence From Rehnquist To White, William H. Rehnquist

Flynt v. Ohio, 451 U.S. 619 (1981)

Dear Byron:

Please join me in your Per Curiam.

03-28-1981 Correspondence From Powell To Burger, Lewis F. Powell

Beltran v. Myers, 451 U.S. 625 (1981)

Dear Chief:

At Conference yesterday, I stated that I might be persuaded to join a DIG, although I agreed with Bill Brennan on the merits.

03-27-1981 Notes From Oral Argument, Harry A. Blackmun

Flynt v. Ohio, 451 U.S. 619 (1981)

The thoughts of all of the Justices are recorded.

03-27-1981 Notes From Oral Argument, Harry A. Blackmun

Beltran v. Myers, 451 U.S. 625 (1981)

Harry A. Blackmun's handwritten notes from oral argument.

03-24-1981 Notes From Oral Argument, Harry A. Blackmun

Flynt v. Ohio, 451 U.S. 619 (1981)

Harry A. Blackmun's handwritten notes.

03-24-1981 Notes From Oral Argument, Harry A. Blackmun

Beltran v. Myers, 451 U.S. 625 (1981)

Harry A. Blackmun's handwritten notes from oral argument.

03-22-1981 Notes From Oral Argument, Harry A. Blackmun

Flynt v. Ohio, 451 U.S. 619 (1981)

Harry A. Blackmun's handwritten notes from oral argument.

03-21-1981 Correspondence To Blackmun, Unknown

Beltran v. Myers, 451 U.S. 625 (1981)

Here is some light Sunday reading for you. I apologize for the handwritten corrections; ATEX went "down" before I could finish proofreading this monster.